Distributed income and order of distribution

(1) Distributed income is the income determined under sections 37 to 41 that is used by a special investment fund for distribution.
(2) Allocation amounts, real estate allocation amounts and depreciation amounts are deemed distributed with priority. Capital amounts are deemed used only after distribution of all income of the current and all previous financial years.
(3) Allocation amounts are the accrued domestic equity income and other domestic income subject to tax deduction, after deduction of the capital gains tax and the federal- or state-law surcharge taxes on capital gains tax, where the transparency option under section 30 was exercised.
(3a) Real estate allocation amounts are the domestic real estate income and other domestic income without tax deduction for which a special fund-of-funds has exercised the real estate transparency option under section 33.
(4) Depreciation amounts are the distributed income from letting and leasing of land or rights equivalent to land, insofar as deductions for wear and tear or depletion are attributable to that income. Depreciation amounts may be distributed only in the financial year in which they arise, or within four months after the end of the financial year in which they arise, and only together with the income within the meaning of the first sentence.
(5) Capital amounts are the amounts remaining from a distribution after deduction of the distributed income, the distributed deemed-distributed income of prior years, the tax-free accumulable capital income within the meaning of section 36(2), the allocation amounts, the real estate allocation amounts and the depreciation amounts.
(6) Where income is distributed to an investor that is attributable to periods during which the investor was not participating in the special investment fund, capital amounts are, to that extent, deemed distributed.
(7) Section 36(4), first sentence applies accordingly.